Lewis v Parkes
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1837 |
| Date | 01 January 1837 |
| Court | Exchequer |
English Reports Citation: 150 E.R. 1087
IN THE COURTS OF EXCHEQUER AND EXCHEQUER CHAMBER
S. C. 6 Dowl. P. C. 93; M. & H. 321; 7 L. J. Ex. 19.
lewts ?.'. paukes. Exeh. of Pleas. 18:57.-In an action by an assignee of a bail-bond, the declaration stated that the sheriff, "by an indorsement on the said writing obligatory duly made and sealed with the .seal of the officer of the said sheriff', assigned the said writing obligatory to the said plaintiff, according to the form of the statute:"-Held, on special demurrer, that the declaration was good, and that it was not necessary to state in the declaration that the assignment was under the hand of the sheriff, and executed in the presence of two witnesses. [S. C. ?! Dowl. P. 0. 9,'); M. & H. 321 ; 7 L. J. Ex. 19.] Debt by the assignee of a bail-bond. The declaration, after setting forth the writ of summons, the arrest, the execution of the bail-bond, and thu breach of it, in not putting in special bail, whereby the bond became forfeited, went on to allege1, that the sheriff, "at the request of the plaintiff, being the plaintiff' in the said suit, by an indorsement on the said writing obligatory duly made, and sealed with the seal of office of the said sheriff', assigned the said writing obligatory to the said plaintiff', according to the form of the statute in such case made and provided." Special demurrer, assigning for cause that it does not appear in or by the said declaration that the said sheriff' [134] assigned the said writing obligatory to the said plaintiff in the presence of two credible witnesses, as required by the statute in such ease made. Mansel, in support of the demurrer. The authority of the sheriff to assign a bail-bond is given by the statute 4 Ann. c. 16, s. 20, which enacts, "that if any person shall be arrested by any writ, bill, or process issuing out of any of her Majesty's courts of record at Westminster, at the suit of any common person, and the sheriff or other officer taketh bail from such person against whom such writ &c. is taken out, the sheriff or other officer, at the request and costs of the plaintiff in such action or suit, or his lawful attorney, shall assign to the plaintiff in such action the bail-bond or other security taken from such bail, by indorsing the same, and attesting it under his hand and seal, in the presence of two or more credible witnesses." The authority being given by statute, its directions ought to be strictly pursued, and it ought to...
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